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Teva files opening brief in expedited appeal of order requiring de-listing, correction of Orange Book patents

( July 30, 2024, 15:00 GMT | Official Statement) -- MLex Summary: Teva Branded Pharmaceutical Products and two co-appellants say a US judge erred in finding that five patents associated with the ProAir HFA inhaler are wrongly listed in the US Food and Drug Administration Orange Book of approved drugs because the patents make no mention of active ingredient albuterol sulfate. In an opening appellant brief filed yesterday with the US Court of Appeals for the Federal Circuit, Teva said that "in the case of pharmaceuticals," a patent need not recite an active ingredient by name in order to claim the drug.  Instead, the appellants continued, "a patent claiming a genus of compounds reads on a drug whose active ingredient is one species within the genus." See document below....

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